Grady Allen Davis v. State of Texas ( 2005 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-163 -CV

GRADY ALLEN DAVIS APPELLANT

V.

STATE OF TEXAS APPELLEE

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FROM THE 158 TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered appellant’s request to dismiss the appeal.  It is the court's opinion that the request should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(1), 43.2(f).

PER CURIAM

PANEL D: GARDNER, WALKER, and MCCOY, JJ.

MCCOY, J., dissents without opinion. ^{(footnote: 2)}

DELIVERED: September 29, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

McCoy, J., would interpret Appellant’s request as a motion to abate and abate the appeal for five years.